Website Terms of Use

Welcome to the Club Swan (“We” or “Club Swan”) website (“Site”). Please carefully read these Website Terms of Use (“Terms of Use”) and our Privacy Policy before using our Site. By using our Site, you agree to follow and be bound by these Terms of Use and our Privacy Policy. IF YOU DO NOT AGREE, DO NOT USE THE SITE.

USE OF THIS SITE.
Club Swan, Inc grants you a personal, non-transferable, revocable, non-exclusive limited privilege to enter and use this Site solely for the purposes of learning about Club Swan and its services.

You may not copy or download any content from this Site for any public or commercial use or make any use of this Site other than the uses expressly provided for in this paragraph. Club Swan reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use at any time. Such changes shall become effective immediately upon the posting thereof. Please review the Terms of Use periodically and carefully. Your continued use of the Site following the posting of changes will constitute your acceptance of the revised Terms of Use.

LIMITS ON USE OF SITE.
You are not allowed to download, store, modify, frame or make any commercial or other use of the Site or any portion of it.
You may not use any data mining, robots, spiders or other similar extraction tools to monitor or copy this Site. Any unauthorized use of the Site terminates your privilege to enter and use the Site.
Nothing contained on the Site should be construed as granting any license or right to use any trademarks, logos, graphics, images or content on the Site.

PRIVACY POLICY; INFORMATION YOU SUBMIT.
Your provision of personal information to us on this Site is covered by our Privacy Policy which is incorporated into these Terms of Use by this reference.

ERROR CORRECTIONS.
As with any website, information on this Site may contain technical inaccuracies or
typographical errors. Information, including service features, pricing and availability, may be changed or updated without notice, including, without limitation, to correct errors and inaccuracies.
Club Swan makes no warranties or representations regarding the accuracy of such information. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice to you.

USE OF SERVICES PROVIDED THROUGH THIS SITE.
For the terms applicable to your use of services through this Site, please see your User Agreement. The User Agreement governs your activities on this Site and with Club Swan.

LINKS TO OTHER WEBSITES.
This Site may contain hyperlinks to other websites (“Links”). Club Swan provides these Links to you only as a convenience, and the inclusion of any Link does not imply endorsement by Club Swan of the site or of any products or services offered or information provided on the site or any association between Club Swan and the other sites’ operators. Club Swan does not have control over, and is in no manner responsible or liable for, the availability or content of the websites to which Club Swan, Inc’s website may be linked.
Club Swan makes no representations or warranties whatsoever about any other site you may access through Club Swan You may not link any Site to our Site without our prior written consent.

WARRANTY DISCLAIMER.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, ANY LINKED SITE, AND THE INTERNET GENERALLY. Club Swan PROVIDES THIS SITE ON AN “AS IS, AS AVAILABLE” BASIS. Club Swan DOES NOT PROVIDE A WARRANTY ON ANY PRODUCTS OR SERVICES YOU OBTAIN THROUGH THIS SITE EXCEPT AS MAY BE EXPRESSLY PROVIDED OTHERWISE IN A SEPARATE WRITTEN CONTRACT BETWEEN YOU AND US.
Club Swan HEREBY DISCLAIMS ANY WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, OR ANY WARRANTIES REGARDING AVAILABILITY, INTEROPERABILITY, OR FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS REGARDING THIS SITE AND ANY SUCH PRODUCTS OR SERVICES.

DAMAGES EXCLUSION.
CLUB SWAN WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, OR BUSINESS INTERRUPTION ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, ANY DELAYS ON THE SITE, OR THE INABILITY TO USE THE SITE, ANY PORTION THEREOF, OR ANY LINKED WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CLUB SWAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO CERTAIN PORTIONS OF THIS PROVISION MAY NOT APPLY TO YOU.

LIMITATION ON LIABILITY.
NOTWITHSTANDING ANY TERMS TO THE CONTRARY IN THESE TERMS OF USE, Club Swan’S CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR RELATED TO YOUR PURCHASE OR USE OF PRODUCTS OR SERVICES PROVIDED BY Club Swan SHALL NOT EXCEED $10.00.

TRADEMARKS AND COPYRIGHTS.
Club Swan is a trademark of Club Swan Other trademarks that may be used on this Site are the trademarks and registered trademarks of third parties. Your use of this Site does not grant you any right or licenses with respect to such trademarks.
Club Swan and its licensors (“Site Content Owners”) own all copyrights, patents, proprietary information, technologies, products, processes or other proprietary rights in or derived from all Site materials, including, but not limited to, code, graphics, images, illustrations, designs, icons, photographs, audio clips, video clips, digital downloads, data compilations, button icons, logos, computer software and text (collectively, the “Club Swan Website Content”).
All such Club Swan Website Content, including any compilations thereof, is the exclusive property of the Site Content Owners and is protected by United States and international copyright laws.

INDEMNIFICATION.
You agree to defend, indemnify and hold harmless Club Swan and its officers, directors, shareholders, employees, agents, licensors, representatives, and third-party providers to the Site (collectively the “Club Swan Parties”) from and against any and all claims, damages, losses, costs and expenses, including reasonable attorneys’ fees, arising from or related to your use of the Site or from any violation of these Terms of Use by you.
The Club Swan Parties reserve the right to assume, at their sole expense, the exclusive defense and control of any matter subject to this indemnification by you, in which event you agree to fully cooperate with the Club Swan Parties in asserting any available defenses. You agree to not enter into any settlement agreement with any third-party which would materially affect Club Swan’s interests in any way regarding the settlement of any disputes that arise from your use of this Site and any material found on this Site.

MISCELLANEOUS.
This Site and the Club Swan Website Content is provided solely for the purposes of promoting Club Swan’s services in the United States. Access to this Site from other locations is prohibited. You are responsible for your own compliance with local laws regarding your use of this Site. This Site is controlled by Club Swan
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Utah without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Utah County, Utah, and waive any objection to such jurisdiction or venue.
Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Club Swan and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
These Terms of Use and documents referenced in these Terms of Use, which are hereby incorporated in this agreement by this reference, contain yours and Club Swan’s entire agreement regarding your use of this Site.
If any provision of these Terms of Use is deemed to be illegal or unenforceable, such illegality or unenforceability will not affect the validity or enforceability of any other provisions of these Terms of Use, which together will be construed as if such illegal or unenforceable provision had not been included in this agreement.

FORCE MAJEURE.
Club Swan shall not be liable for any delay or failure of this Site, or for any damages suffered by you by reason of such delay or failures, directly or indirectly caused by or in any manner arising from acts of God, acts of public enemies, riots, acts of governmental agencies, labor difficulties, failure of our suppliers to ship or produce goods, delays in securing or shortages of raw materials, breakdown or destruction of plant or equipment, or any other cause or causes beyond the control of Club Swan, whether or not similar to those enumerated herein.

TERMINATION.
These Terms of Use are effective unless and until terminated by Club Swan at any time.
In addition to any other legal or equitable remedy it may have, Club Swan may revoke any or all of your rights under these Terms of Use or terminate these Terms of Use immediately without notice.